The above-captioned case was scheduled for hearing on November 30, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Evans, O’Connell, Filippi, Burlingame and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

The Board finds that the above captioned facility is a long-term transitional housing for homeless women.  The Board further finds that this facility is approximately four (4) stories in height with cement walls on the interior.  The Board further finds that the Applicant maintains approximately ten (10) residents in this facility.  The Board further finds that the kitchen of the facility is utilized three (3) times daily and that the stove and oven are generally used for only one (1) meal per day.  The Board further finds that the Applicant does not deep-fry anything nor does the Applicant have equipment for such cooking.  

The Board finds that during the plan review process, it was noted that the side wall termination of the hood venting system requires clearances from windows and doors.  The Board finds that the Applicant is requesting relief based on the existing construction of this building and the other safety factors outlined herein.
	
CONCLUSIONS AND VARIANCE REQUESTS

1.  The Board hereby grants a variance in order to allow the Applicant to provide an exhaust vent without the required ten (10) foot clearance.  As a condition of this variance, the Board directs the Applicant to seal off the abutting bathroom window, and to provide the cooking equipment with a complete service maintenance contract.  The Board further directs the Applicant to continue to maintain its policy of having no fryolater within this facility and to further comply with any other safeguards deemed necessary by the Woonsocket Fire Marshal’s office.  In granting this relief, the Board notes that the facility generally uses a microwave oven for most meals and that the products that are cooked on premises generally do not produce grease laden vapors.

STATUS OF DECISION AND APPEAL RIGHTS

This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicant’s timely and continued compliance with all of the directives of the Board.  Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board. (See:  Board Rules and Regulations, section 6-2-17).
	
Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: Board Rules and Regulations, section 6-2-18.)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  (See: Board Rules and Regulations, section 6-2-19).  

Such changes in use or occupancy of this facility, or failure to continually comply with the Board’s Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  (See: Board Rules and Regulations, section 6-2-20).
	
The Applicant may appeal the Board’s Decision, within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].